Business Terms and Conditions of the company Tritón Pardubice, spol. s r. o., Company ID: 60110422 with registered office at Starý Mateřov 130, 530 02 registered in the Commercial Registered maintained by the Regional Court in Hradec Králové under Section C, mark 5386 for a sale of goods.
Article I. Introductory Provisions
The subject of these Business Terms and Conditions is modification of the contractual relationship between the seller, company Tritón Pardubice, spol. s r. o., : 60110422, DIČ CZ60110422, with registered office at Starý Mateřov 130, 530 02 registered in the Commercial Registered maintained by the Regional Court in Hradec Králové under Section C, mark 5386 (further referred to as the “Seller”) and Buyer (customer or consumer).
The origin, duration and termination of all contractual relations between the Seller and the Buyer shall be governed by these Business Terms and Conditions, in matters of business where these terms and conditions do not apply the matter is governed by the valid and effective law of the Czech Republic, particularly by the law No. 89/2012 Coll., of the Civil Code, as amended, and law No. 634/1992 Coll., Consumer Protection Law, as amended, under the conditions that the Buyer is a consumer. Provisions derogating from the Business Terms and Conditions may be negotiated in the Sales Contract. Distinctive arrangements in the Sales Contract take precedence over the provisions of the Business Terms and Conditions.
Business Terms and Conditions are an integral part of the Sales Contract. Business terms and conditions are made in Czech, English and German version. In the event of a conflict, the Czech version shall prevail.
Article. II. Orders
Seller accepts orders by fax, post, email or issued by the Buyer directly at the sales department during an in-person collection. The Buyer is obliged to provide correct details and contact information in his / her buying order, namely:
The order is confirmed to the Buyer by sending a form with the title: BINDING CERTIFICATE OF ORDER, which serves to check the accuracy and completeness of the order (prices, number of products, type of goods). The Buyer is obliged to check the accuracy of the information included in the BINDING CERTIFICATE OF THE ORDER. In the event of any inconsistency, the Buyer is obliged to contact the Sales Department staff immediately after irregularities have been detected. Order confirmation is not a request for payment of the goods.
Article. III. Price and Transportation
Prices are determined by the Seller’s valid business price list. Seller reserves the right to make additional changes or specify special price categories. Their potential update shall be offered in a written form or fax message in form of additions to the price list.
Prices do not include VAT. The promotional prices are valid until the stock is sold out.
The shipping price is determined by the quantity ordered and the distance to the delivery location.
Article. IV. Terms of Delivery
The goods are dispatched in an agreed manner and at the agreed date, the customer has the option to pick up the goods personally at the headquarters of Tritón Pardubice, spol. s r. o. after an agreement with the Seller.
The opening times of the warehouse is Monday – Friday from 7:00am to 15:30pm.
In the event that the Seller and the Buyer agree to the FCA (Free carrier) clause under INCOTERMS 2010 as a part of their contractual relationship, the Buyer is obliged to issue a written confirmation to the Seller, stating that the goods have been acquired or shipped by him or on his behalf by a third party, indicating the country of destination of the goods. Such written confirmation shall further include: issue date; name and address of the Buyer; quantity and type of the goods; invoice number, date and place of termination of the shipment of the goods; identity of the individual receiving the goods and identity of the individual issuing this confirmation on behalf of the Buyer.
In the event that the Buyer fails to issue the Seller the above-specified written confirmation by the tenth day of the month following the delivery of the goods or provides false information in the written confirmation, the Buyer agrees to pay the Seller all costs incurred by the Seller in connection therewith. Especially retroactively assessed value added tax due to non-fulfillment of the conditions for exemption from value added tax according to valid EU and Czech regulations, eventual interest on late payment or penalty etc.
Article. V. Payment Terms, Warranty and Complaints
The invoice maturity period is 17 days from the date that the invoice was issued by the Seller. Extension of maturity must be agreed in advance only in writing (by email or post).
The rights and obligations of the Contracting Parties regarding invalid performance of the Contract are governed by relevant generally binding regulations (in particular the provisions of Sections § 1914 to 1925, Sections § 2099 to 2117 and Sections § 2161 to 2174 of the Civil Code).
The Seller is guaranteeing to the Buyer that the goods are free from any defects at the time of pick up. In particular, the Seller guarantees to the Buyer that at the time the Buyer picked up the goods:
a) the goods have properties that the Contracting Parties have negotiated and, in the absence of an agreement, possess such characteristics as described by the Seller or the Manufacturer or which the Buyer expects with regard to the nature of the goods and based on their advertisement,
b) the goods are fit for purpose which the seller indicates or to which goods of this type are normally used,
c) the goods correspond to the quality and performance of the agreed sample or original, if the quality or design have been determined based on the agreed sample or original.
d) the goods are in the appropriate quantity, degree or weight; and
e) the goods comply with the appropriate legal requirements.
The provisions listed in this Article shall not apply to goods sold at a lower price, for a defect for which a lower price has been agreed, for wear and tear of the goods caused by its normal use, in case of used goods for a defect corresponding to the amount of wear and tear caused by its use, which the goods possessed during the pick up by the Buyer, or if it results from the nature of the goods.
Any claim for damage to the goods done by the carrier does not entitle the recipient to withhold payment or extend the maturity period.
The Buyer is obliged to check the goods immediately after they have been delivered. If the Buyer detects damage to the delivered goods caused by the shipment, he/she is obliged to note this fact upon acceptance, include it in the Delivery and Shipment Form and have it confirmed by the carrier.
The Seller decides how the complaint is to be resolved in accordance to the applicable legal regulations, which specifically refer to repairing the defective goods, exchanging them, returning the purchase price or providing a discount.
The warranty period is 12 months. The warranty form is fully replaceable by an invioce issued by the Seller.
The warranty in particular does not cover the normal wear and tear caused by the products normal use, defects caused by unprofessional assemblance, neglect of recommended meintanance and use of the product in contrary to the operating instructions.
Quantitative and individual discounts are provided by the Seller only upon agreement.
Article VI. Special provisions regarding consumer complaint
Only the Buyer, who is at the same time the consumer, is entitled to apply the rights of liability for defects under this Article: this Article does not apply to cases where the Buyer is a legal entity or entity which acted when concluding a contract in regards to its business activity or in regards to the exercise of its profession.
The Buyer is entitled to claim the right resulting from a defect that occurs to the goods within 24 months after they have been received and taken over. If the purchase of the goods is already a subject of a contract, the Contracting Parties have agreed that the time for exercising the rights of defective performance is reduced to half of the statutory period in accordance with the provisions of Section § 2168 of the Civil Code.
The previous paragraph shall not apply:
a) for items sold at a lower price due to a defect because of which the lower price was agreed,
b) for the wear and tear of a product caused by its normal use,
c) in the case of a used product for a defect corresponding to the wear and tear that the product possessed a the time that it has been picked up and received by the consumer; or
d) arising from the nature of the product.
If the defects of the goods are not claimed during the warranty period, the liability for defects shall be forfeited.
The place for claiming defects are Seller’s premises at Tritón Pardubice, spol. s r. o., Starý Mateřov 130, 530 02 / Tritón Pardubice, spol. s r.o., Prague branch, Klánovická 485/43, 198 00 Praha 9. The consumer can bring the claimed goods in person every weekday between 7:00am and 15:20pm or send the goods to the above-mentioned addresses. Goods cannot be shipped using the cash on delivery method, such shipments cannot be accepted by the seller. In the case of shipping the goods, the consumer is obliged to choose such method of transportation, so that the goods are not damaged or otherwise spoiled by the transport, in particular the Seller is obliged to protect the goods by a firm and intact packaging. The Seller is not responsible for any damages cause to the goods during transport. The consumer is obliged to attach a copy of the purchase receipt to the claimed goods and the consumer is also obliged to clearly describe the defects of the goods and, if necessary, to indicate how the complaint should be dealt with. For a quicker resolution of the matter, it is recommended to include the name, surname, address of the consumer, as well as telephone number and email address.
The claims of the consumer in the application of defects arise from the applicable legal regulations, particularly law No. 89/2012 Coll. of the Civil Code, as amended, in particular as follows:
If the product does not have a characteristic set out in Section § 2161 of the Civil Code, the consumer may also require the supply of a new item without defects if this is not disproportionate due to the nature of the defect, however if the defect relates only to a part of the product, the consumer may only demand a repair of that specific part of the product; if it is not possible, the consumer may withdraw from the contract. However, if exchange for a new product is disproportionate considering the nature of the defect, especially if the defect can be repaired without undue delay, the consumer shall be entitled to a free removal of the defect.
The consumer is entitled to receive a new product or a replacement of a faulty part of the product even in the case of repairable defect, if the consumer cannot use the product properly due to a repeated appearance of a defect even after repair or due to appearance of more defects. In such case, the consumer also has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or if the consumer does not exercise the right to a delivery of a new product without defects, right for a replacement of the product’s part or repairing of its part, the consumer may request a reasonable discount. The consumer has the right to a reasonable discount even in case where the Seller cannot deliver a brand new product without defects, replacement of its part or a repair of its part, as well as when the Seller fails to repair the defect within reasonable time or in case where scheduling of the replacement or repair would cause serious difficulties to the consumer.
The right deriving from a faulty performance of the consumer does not apply if the consumer knew before the takeover that the product was defective or if the consumer had caused the defect himself/herself. The Seller is also not liable for any damages resulting from improper use of the product, or for damage cause by external elements and mishandling. Warranty also doesn’t apply for such defects. A shorter product life cannot be considered a defect and is not a reason for a complaint.
The Contracting Parties have agreed that the jurisdiction of courts of the Czech Republic is effective and responsible for the settlement of any disputes between the Seller and the Buyer. Any disputes between the Seller and the consumer may also be dealt with by an out-of-court procedure. In such case, the consumer may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority, or resolve the dispute online through the dedicated ODR platform. Before an out-of-court settlement of the dispute is reached, the Seller recommends the Buyer to use the email address firstname.lastname@example.org to resolve the situation.
In case of any inquiries regarding a complaint, the consumer can contact the Seller at +420 467 401 111 (every weekday from 7:00am to 15:30pm) or via email at email@example.com.
Article. VII. Withdrawal from the Contract within the Statutory Time Limit
The right to withdraw from the Contract in accordance with this Article only has a person/entity in the position of the consumer. This Article shall not particularly apply to cases where the Buyer is a legal entity or entity which acted when concluding a contract in regards to its business activity or in regards to the exercise of its profession.
If the Contract was concluded through means of long-distance communication, the consumer has the right to withdraw from the Contract without giving any reason and without any sanctions within 14 days. The time limit mentioned in the first sentence of this paragraph runs from the day of the conclusion of the Contract and, if it is
a) a Sales Contract, from the date of receiving the goods,
b) a Contract covering several types of goods or the supply of several parts, from the date of the last delivery of the goods; or
c) a Contract covering repeated supply of goods, from the date of the first delivery of the goods.
If the consumer exercises the right to withdraw from the contract, the withdrawal period according to the previous paragraph is deemed to be confirmed, if the consumer sends a notice to the Seller that he/she is withdrawing from the Contract and this notification must be sent to the Seller’s premises at Tritón Pardubice, spol. s r. o., Starý Mateřov 130, 530 02 / Tritón Pardubice, spol. s r.o., Prague branch, Klánovická 485/43, 198 00 Praha 9. Withdrawal must specify a Contract from which the consumer withdraws, the name and address of the consumer and the bank account number to which the consumer wishes to return the money if the withdrawal is justified. For quicker communication, it is recommended to include the consumer’s phone or email address. For a withdrawal, the consumer may use the form attached to these Business Terms and Conditions, however it is not the consumer’s responsibility.
The consumer is obliged to send or hand over to the Seller without undue delay, no later than 14 days after withdrawal, the goods that he/she received from the Seller and a copy of the Purchase Receipt. Returned goods must not be sent via cash on delivery method. Goods must be complete (including accessories and all documentation), undamaged and without signs of wear and tear. Otherwise the Seller is entitled to deduct the amount equal to the damage caused to the goods, which may be equal to the purchase price of the goods. The consumer is particularly required to ensure that the goods are not damaged during transport, meaning provide the goods with a suitable and sufficient packaging.
The consumer may not withdraw from the Contract under this Article particularly in the following cases:
a) the provision of services, if they have been fulfilled with the consumer’s prior express consent before the expiration of the withdrawal period,
b) the supply of goods or services, of which the price depends on financial market disparities, independent from the Seller’s intentions and which may occur during the withdrawal period,
c) the supply of alcoholic beverages, which may be delivered only after thirty days and whose price depends on the financial market disparities independent of the business’ will,
d) the supply of goods which have been modified based on the consumer’s wishes or made specifically for the consumer,
e) the supply of perishable goods and goods which may have been irreversibly mixed with other goods after delivery,
f) repairs or maintenance carried out at a place designated by the customer at his/her request; this does not apply in case of subsequent execution of non-requested repairs or delivery of spare parts other than those requested,
g) the supply of goods in sealed packaging, which the consumer has removed from the packaging and which cannot be return due to hygienic reasons,
h) the supply of sound or visual recording or a computer program, if the customer altered or broke its original packaging,
i) the supply of newspapers, periodicals or magazines,
j) accommodation, transport, catering or leisure activities, if the business provides such services within a specified time,
k) concluded based on a public auction under the law regarding public auctions, or
l) the supply of digital content, if it has not been delivered on a physical medium and has been supplied with the customer’s prior express consent prior to the expiration of the withdrawal period.
If a gift has been provided to the customer in addition to the ordered goods, the Gift Agreement between the Seller and the consumer is concluded with the condition that if the consumer withdraws from the Purchase Contract, the Gift Agreement shall expire and the consumer is obliged to return the goods together with the provided gift.
If the consumer withdraws from the contract, the consumer shall bear the costs of returning goods, including the cost of physical return of the goods, if such goods can be returned through normal postal route due to their nature. The Seller shall return the money to the consumer within 14 days from the withdrawal, but not before the consumer delivers the goods back to the Seller or proves that the goods have been shipped. In addition, the consumer is particularly liable to the Seller for reduced value of the goods, which resulted from improper handling of the goods, considering their nature and characteristics.
The Seller is entitled to offset the compensation for damage to the goods against the consumer’s claim for a refund of the purchase price.
Article VIII.Final Provisions
These Business Terms and Conditions apply in the exact wording listed on the Seller’s website on the date of the conclusion of a Purchase Contract. The consumer’s order is then archived as a signed Contract between the Buyer and the Seller. By the conclusion of the Purchase Contract, the Buyer accepts all the conditions and provisions of the Business Terms and Conditions as in force on the day of dispatch of the order, including the price of the ordered goods stated in the confirmed order, unless otherwise demonstrably agreed in that specific individual case.
The Seller is not bound by any specific codes of conduct in relation to the Buyer in the sense of Section § 1826 paragraph 1 subsection e) of the Civil Code.
Consumer privacy is covered in the Information on processing of personal data.
The Seller may change or add to the Business Terms and Conditions. This provision shall not affect the rights and obligations arising after the effective period of the previous version of the Business Terms and Conditions.
In Starý Mateřov on 1.1.2020